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Home | BakerHostetler

Artie McConnell, Tung Nguyen Discuss Implications of Tariffs in Asia Pacific Region on Webinar

BakerHostetler Team Earns Ninth Circuit Victory for PlayAGS, Officers, Directors

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Heightened Protection of Reproductive Health Information at US State Level on the Rise – Amendments to Virginia’s Consumer Protection Act

Peter Roskam Comments on Challenges Facing Tax Writers over Federal Budget Plan

Kevin also has extensive experience handling reinsurance litigation and arbitration, insurer-agent disputes and other complex commercial litigation. His intricate knowledge in the insurance industry helps him provide efficient and effective solutions to his clients at each stage of litigation and also enables him to advise clients on how to avoid the prospect of future litigation. As a seasoned class action litigator, Kevin develops strategies at each stage of the case, with an eye toward both the merits and defeating class certification.

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J.D., The University of Chicago Law School, 2015, 

Honors B.A., University of Dayton, 2012, 

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<li>The Best Lawyers in America®
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Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

Class Action Defense 2024 Year in Review Webinar

BakerHostetler Elevates 24 Attorneys to Firm Partnership

Class Action Defense 2023 Year In Review Webinar

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

Class Action Defense  2022 Year In Review Webinar

2022 Class Action Update

Class Action Year in Review – 2021

Webinar: Class Action Defense 2021 Year In Review Webinar

Class Action Defense

Litigation

<ul>
<li>Obtained reversal of district court order certifying a state-wide class of insureds for claims relating to total loss automobile insurance, after conducting full briefing and oral argument. Sampson v. United Servs. Auto. Ass’n, 83 F.4th 414 (5th Cir. 2023). The Court distinguished its prior published opinion regarding certification of similar claims, holding that the defendant in the prior case “simply did not raise” the arguments offered here.  Id. at 420.</li>
<li>Successfully struck putative class allegations at the pleading stage in case relating to calculation of UM/UIM insurance benefits. Romes v. Garrison Prop. &amp; Cas. Ins. Co., No. CV-24-00176-PHX-SMB, 2024 WL 4452781, at *1 (D. Ariz. Oct. 9, 2024); Romes v. Garrison Prop. &amp; Cas. Ins. Co., No. CV-24-00176-PHX-SMB, 2024 WL 3183132, at *1 (D. Ariz. June 25, 2024).</li>
<li>Obtained statute of limitations dismissal at the pleading stage, for putative class claims relating to stacked UM/UIM insurance.  Thom Hollis v. Farm Bureau Property &amp; Casualty Insurance Company, No. 1:24-CV-00720-WJ-GJF, 2025 WL 872557 (D.N.M. Mar. 19, 2025)</li>
<li>Obtained Rule 12(b) dismissal of putative class claims relating to the valuation of total loss vehicles with reconstructed titles. Petery v. USAA Cas. Ins. Co., No. CV 23-604, 2024 WL 291311 (E.D. Pa. Jan. 25, 2024).</li>
<li>Obtained Rule 12(b) dismissal of putative class claims relating to automobile insurance for leased vehicles. Tarkett v. USAA Gen. Indem. Co., No. 3:23-CV-01724-H-BLM, 2024 WL 2925325 (S.D. Cal. June 10, 2024).</li>
<li>Obtained full summary judgment on bad faith and breach of contract claims in putative class action challenging automobile insurer’s valuation methodology for total loss vehicle claims. Fortson v. Garrison Prop. &amp; Cas. Co., No. 1:19-CV-294, 2022 WL 501324 (M.D.N.C. Jan. 21, 2022) (breach of contract); Fortson v. Garrison Prop. &amp; Cas. Ins. Co., No. 1:19-CV-294, 2022 WL 198782 (M.D.N.C. Jan. 13, 2022) (bad faith).</li>
<li>Secured voluntary dismissal of putative class claims relating to the transfer of title for salvage vehicles, after filing Rule 12(b) dispositive motion. Teresa Silverstein v. Progressive Select Insurance Company, 5:24-cv-00747-JGB-SP (C.D. Cal.).</li>
<li>Secured voluntary dismissal of putative class claims relating to insurer’s total loss adjustment process, after filing Rule 12(b) dispositive motion. Lemke v. Garrison Property and Casualty Insurance Co., No. 22-cv-01334 (C.D. Ill.).</li>
<li>Obtained Rule 12(b) dismissal and attorney’s fees against litigant asserting putative class claims against multiple insurers.  Leavitt v. United Servs. Auto. Ass&#8217;n, No. 4:23-CV-11341-IT, 2024 WL 218504, at *1 (D. Mass. Jan. 19, 2024) (dismissal); Leavitt v. United Servs. Auto. Ass&#8217;n, No. 4:23-CV-11341-IT, 2024 WL 5076307, at *1 (D. Mass. Dec. 11, 2024) (attorney’s fees)</li>
<li>Secured amendment of prior court order to permit interlocutory appeal under 28 U.S.C. § 1292, leading to favorable class settlement of claims concerning components of total loss automobile insurance payments. Cavallaro v. United Services Automobile Association, No. 1:20-CV-00414, Dkt. 83 (S.D. Ohio, Jan. 14, 2022).</li>
<li>Defeated summary judgment on key claims, upheld full admissibility of experts’ opinions and excluded portions of opposing expert opinions in pro bono case involving heart transplant patient’s denial of medical care while incarcerated. Dixon v. Brown, No. 3:16-CV-01222-GCS, 2021 WL 1171657 (S.D. Ill. Mar. 29, 2021) (summary judgment); Dixon v. Brown, No. 3:16-CV-01222-GCS, 2021 WL 2099166 (S.D. Ill. Mar. 30, 2021) (admissibility of experts).</li>
<li>Achieved full relief for cedent in reinsurance arbitration relating to longtail liability asbestos claims.</li>
<li>Utilized targeted discovery strategy in Ohio state court to convince putative class representative that claims could not be certified and to agree to individual settlement, before even responding to the complaint.</li>
<li>Defeated reinsurer’s motion for summary judgment in reinsurance dispute over longtail liability asbestos claims. Utica Mut. Ins. Co. v. Clearwater Ins. Co., No. 6:13-CV-1178, 2019 WL 3340644 (N.D.N.Y. July 25, 2019).</li>
<li>Successfully applied an arbitration agreement in a putative class action brought by an agent challenging a company’s transition of all of its exclusive insurance agents.  Bush v. Nationwide Mut. Ins. Co., No. 4:20-CV-219, 2024 WL 477004, at *1 (S.D. Ga. Feb. 7, 2024)</li>
<li>Representing multiple national automobile insurers in putative class actions pertaining to disclosure and calculation of uninsured motorist / underinsured motorist insurance coverage.</li>
<li>Represented multiple national life insurance companies in nationwide “cost of insurance” class actions.</li>
<li>Represented property and casualty insurance companies in appeal to the Seventh Circuit concerning an underlying arbitration award.</li>
<li>Represented two national life insurance companies and affiliates, in False Claims Act litigation in New York state court.</li>
<li>Represented multiple cedents in facultative reinsurance disputes against foreign and domestic reinsurers in federal court, state court and arbitration.</li>
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Kevin P. Zimmerman

Kevin P. Zimmerman

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